Larry

Larry v. Martinez

Good Law
1995 Cal. App. LEXIS 314·33 Cal. App. 4th 239·39 Cal. Rptr. 2d 141·94 Daily Journal DAR 3430
Court of Appeal of CaliforniaMarch 16, 1995No. B084477California1,301 words

Opinion

Lead Opinion

Gilbert, J.

*241 Opinion

The administrator of an estate operates a business owned by the decedent. Here we hold that the administrator’s fees are calculated upon the net receipts, not the gross receipts of the business.

Philip A. Larry, administrator of the estate of Maria Luisa Sanchez, deceased, appeals an order of the probate court settling the third and final account and allowing compensation for ordinary and extraordinary services. We affirm.

Facts

Maria Luisa Sanchez died on May 22, 1985, in Ventura County. At the time of her death, Mrs. Sanchez owned La Perla Market, a liquor store, and La Perla Tortillaria, a restaurant. Mrs. Sanchez’s four adult children survived her. Prior to her death, the children had commenced litigation among themselves concerning the two businesses.

On October 24, 1986, the probate court appointed Philip A. Larry as administrator of the estate, to act without court supervision under the Independent Administration of Estates Act. Larry operated the liquor store and restaurant without much financial success. Given the disagreements among the heirs, Larry’s caretaking task proved daunting. In settling an early accounting, the probate judge stated that Larry…

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